Terms & Conditions (U.S.)

Effective Date: Jan 01, 2025
Company: Munevo Inc. (“Munevo,” “we,” “us,” “our”)
Contact: sales.usa@munevo.com | +1 646-781-8074

IMPORTANT: THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. PLEASE READ CAREFULLY.

1) Scope & Acceptance

These Terms & Conditions (“Terms”) govern business-to-business and institutional purchases of products and accessories offered by Munevo through us.munevo.com and related pages (the “Site”), as well as your use of the Site. We do not sell directly to individual patients/consumers. Buyers under these Terms are limited to durable medical equipment (DME) vendors, distributors, wheelchair manufacturers/OEMs, hospitals/clinics, and U.S. government entities (including VA facilities) (each, a “Buyer”). By placing an order, creating an account, or using the Site, you agree to these Terms and to any policies referenced here (e.g., our Privacy Policy). These Terms are the entire agreement for your purchase and supersede conflicting terms in any purchase order or other document you provide, except as set forth in Section 17 (Government/VA Purchases) regarding required flow-downs.

2) Safety Notice; No Medical Advice

Munevo products are assistive technologies intended to support mobility and accessibility. They are not a substitute for professional medical judgment, diagnosis, or treatment. Always follow your clinician’s guidance and your wheelchair manufacturer’s instructions. Use only as directed and in accordance with all safety instructions provided in the user manual.

We make no claims of diagnosis, treatment, cure, or prevention of disease. Any regulatory status references are omitted from these Terms; refer only to the product labeling and documentation provided with your purchase for required notices.

3) Eligibility (Channel Buyers Only)

You must be at least 18 and acting on behalf of an approved Buyer type (DME vendor, distributor, wheelchair manufacturer/OEM, hospital/clinic, or U.S. government entity). By ordering, you represent you are purchasing for resale or deployment to an end user through your professional services and that you will ensure professional installation and training as described in Munevo documentation.

4) Orders, Availability & Pricing

  • Placing Orders. Submit complete and accurate shipping, billing, and contact details. We may reject or cancel an order (e.g., for suspected fraud or availability issues) and will refund any amounts paid for canceled orders.
  • Product Images; Changes. Images are illustrative. Features/specs may change without notice, provided changes do not materially degrade functionality for the intended purpose.
  • Pricing & Taxes. Prices are in U.S. Dollars and exclude applicable taxes, fees, duties, and shipping, which are calculated at checkout. You are responsible for all applicable taxes.
  • Channel Authorization & Resale. Products are sold through authorized channels only. You may resell, deploy, or integrate Munevo products solely within your authorized territory/vertical and subject to current channel program policies. Any sale to embargoed/sanctioned destinations or blacklisted customers is prohibited.

5) Payment

We (or our payment processor) may authorize your card upon order and capture payment when the order ships. By submitting payment details, you authorize us to charge the total order amount, including taxes, fees, and shipping.

6) Shipping, Delivery & Risk of Loss

  • Shipping Window. We’ll provide an estimated ship date during checkout or by email. Estimates are not guarantees; we’re not liable for delays caused by carriers, customs, or events beyond our control.
  • Title/Risk. Title and risk of loss transfer on delivery to your shipping address (not when delivered to the carrier), except where prohibited by law.
  • Inspection. Inspect packages upon delivery and notify us of shipping damage within 15 days of delivery.

7) Installation, Setup & Compatibility (Required)

  • Installation Required. Safe operation requires professional installation and initial training, which may be provided on-site or remotely by Munevo, an authorized partner, or the Buyer if certified by Munevo.
  • Condition of Warranty. Completion of the required installation and initial training is a condition of warranty coverage; we may request proof (e.g., installer attestation, training record).
  • Buyer Obligations. Buyer is responsible for end-user assessment, wheelchair compatibility checks (ports/joystick standards), and maintaining appropriate professional/technical certifications. Buyer must not modify products except as permitted by documentation.
  • Compatibility. Buyer must verify compatibility with wheelchair systems and third‑party accessories before purchase.

8) Returns & Cancellations (Channel Policy)

  • RMA Window. Buyer may request an RMA within 30 days of delivery for a refund of the product price. Shipping and handling are non‑refundable.
  • Condition. Items must be in resaleable, like‑new condition with all accessories, manuals, and packaging. A 20% restocking fee applies to returns. Buyer pays return shipping and bears risk of loss until received by Munevo.
  • Non‑Returnable Items. Software licenses/activations, downloadable content, customized or fitted items, consumables, and items installed on/assigned to an end user are not returnable, except for DOA/warranty claims.
  • DOA/Shipping Damage. Suspected DOA units and shipping damage must be reported within 15 days of delivery with diagnostic details and photos.
  • Cancellations. Buyer may cancel any unshipped order; shipped orders follow this Section 8.

9) Limited Warranty

  • Hardware. Munevo warrants Munevo‑branded hardware against defects in materials and workmanship for 1 year from delivery. During the warranty period, we will repair or replace (at our option) defective hardware returned under an RMA.
  • Services. Any installation or training we provide is warranted for 90 days to be performed in a professional manner consistent with industry standards.
  • Exclusions. This warranty does not cover normal wear and tear; consumables; cosmetic damage; damage from accident, misuse, neglect, improper installation, failure to follow instructions, unauthorized repair/modification; use with incompatible accessories; or events beyond our control.
  • Third‑Party Items. Third‑party components may be covered by the manufacturer’s own warranty; claims should be made to that manufacturer unless we state otherwise in writing.
  • Pass‑Through. Where permitted, Buyer will pass through applicable end‑user warranty statements without modification and will not make additional warranties or commitments on Munevo’s behalf.
  • RMA Process. Contact sales.usa@munevo.com. We may require diagnostics, proof of purchase, and return of the product.
  • Exclusive Remedies. To the maximum extent permitted by law, the exclusive remedy for breach of the above warranties is repair or replacement of the product, or a refund of the price paid if repair/replacement is not commercially reasonable.

EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, PRODUCTS, SOFTWARE, AND SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

10) Software License & Updates (EULA Inside)

  • License. Any embedded or companion software is licensed, not sold, under these Terms. You receive a limited, non‑exclusive, non‑transferable license to use the software solely with the product and in accordance with documentation.
  • Restrictions. You may not copy (except for a single archival backup), reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, or use the software to develop competing products.
  • Updates. We may provide updates or fixes for safety, security, or functionality. Some updates may be automatic. Updates may change features but will not materially degrade the product’s core accessibility functionality.

11) User Responsibilities

You are responsible for: (a) following all safety instructions and local laws; (b) ensuring the user is trained and capable of safe operation; (c) keeping firmware/software up to date; and (d) maintaining a safe environment for use.

12) Indemnification

To the extent permitted by law, you agree to indemnify and hold Munevo harmless from third‑party claims arising from your misuse or unlawful use of the products, violation of these Terms, or breach of applicable law; this indemnity does not apply to the extent a claim is caused by Munevo’s sole negligence or willful misconduct.

13) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MUNEVO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA; LOSS OF PROFITS; OR PROPERTY DAMAGE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO A PRODUCT OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. NOTHING IN THIS SECTION LIMITS LIABILITY FOR PERSONAL INJURY OR DEATH TO THE EXTENT SUCH LIMITATION IS NOT PERMITTED BY LAW.

14) Export, Sanctions & Compliance

You agree to comply with all applicable U.S. export control and sanctions laws and not to export, re‑export, or transfer products or software in violation of such laws.

15) Privacy

See our Privacy Policy for how we collect and use personal information. Buyer will avoid collecting or transmitting protected health information (PHI) to Munevo unless we provide a designated, secure method. If Buyer is a covered entity or business associate, Buyer is responsible for its own HIPAA compliance and obtaining necessary consents. Munevo is not a business associate by virtue of ordinary product support interactions.

16) Changes to Terms

We may update these Terms from time to time. Material changes will apply prospectively. We will provide notice of material changes by posting on the Site and, where appropriate, by email. Your continued use of the Site or purchase of products after such notice constitutes acceptance of the updated Terms.

17) Governing Law; Venue (Delaware)

These Terms are governed by the laws of the State of Delaware, excluding its conflicts‑of‑law rules and to the extent not preempted by federal law. Subject to Section 18 (Arbitration), the exclusive venue for permitted court actions is the state or federal courts located in Wilmington, Delaware, and each party consents to jurisdiction there.

Government/VA Purchases. For sales to the United States Government (including VA facilities) made under a purchase order or contract that incorporates mandatory federal terms, required FAR/VAAR flow‑down clauses will apply to the extent expressly required by law and solely for that order. In the event of a conflict between these Terms and non‑waivable mandatory government clauses applicable to the specific order, those mandatory clauses control for that order only. Munevo provides products and software as commercial items developed at private expense.

18) Arbitration; Class Action & Jury Waiver

Arbitration (B2B). Any dispute arising from or relating to these Terms or your purchase/use of the products will be resolved by binding arbitration administered by JAMS under its applicable rules. Either party may seek temporary injunctive relief in court to protect confidential information or intellectual property.
Fees. Each party pays its own fees; administrative/arbitrator fees will be allocated per the applicable JAMS rules unless required otherwise by law.
Small Claims. Either party may bring an individual claim in small claims court where jurisdiction permits.
Class Action Waiver. Disputes will be resolved only on an individual basis; class, consolidated, or representative actions are not permitted.
Jury Waiver. If a claim proceeds in court, both parties waive the right to a jury trial.

19) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, shortages, power failures, or internet outages.

20) Severability; Assignment; No Waiver

If any provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our consent. Our failure to enforce any provision is not a waiver.

21) Channel Ethics & Compliance

Buyer will comply with applicable healthcare and anti‑corruption laws (including the U.S. Anti‑Kickback Statute and state analogues) and will not offer, pay, solicit, or receive any improper remuneration to induce product ordering or referrals. Any discounts or rebates will be properly disclosed and reported as required by law.

22) Contact

Questions about these Terms? sales.usa@munevo.com or +1 646-781-8074.